Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Applicability.
This section shall apply to 2019 and subsequent model year
certified engine packages for use in a SPMV.
(b)
General Performance Warranty
Requirements.
A engine manufacturer shall warrant to the SPMV owner,
beginning on the date an SPMV using the certified engine package is registered
for use in California and each subsequent purchaser that the certified engine
package:
(1) Is designed, built, and
equipped to conform with all applicable regulations adopted by the CARB
pursuant to its authority in chapters 1 and 2, part 5, division 26 of the
Health and Safety Code.
(2) Will,
for a period of three years or 50,000 miles, whichever first occurs, be capable
of completing the smog check test and passing a smog check
inspection.
(c)
Written Instructions.
(1)
Each engine manufacturer shall furnish with each certified engine package,
written instructions for the required maintenance and use of the engine by the
SPMV owner, and the written instructions shall be consistent with this article
and Section 5(b)(1) of the "California Certification Procedures for Light-Duty
Engine Packages for Use In Light-Duty Specially-Produced Motor Vehicles for
2019 and Subsequent Model Years," adopted June 17, 2019, which is incorporated
by reference herein.
(2) Each
engine manufacturer shall submit the documents required by subsection (c)(1)
above with its application for certification pursuant to Section 7 of the
"California Certification Procedures for Light-Duty Engine Packages for Use In
Light-Duty Specially-Produced Motor Vehicles for 2019 and Subsequent Model
Years," adopted June 17, 2019, which is incorporated by reference
herein.
(3) The Executive Officer
may reject or require modification of the written instructions for, among other
reasons, incompleteness or lack of clarity. Approval by the Executive Officer
of the written instructions shall be a condition of certification. The
Executive Officer shall approve or disapprove the written instructions within
90 days of the date such documents are received from the engine manufacturer.
Any disapproval shall be accompanied by a statement of the reasons thereof. In
the event of disapproval, the engine manufacturer may petition the Board to
review the decision of the Executive Officer.
(d)
Proper Use and
Maintenance.
(1) An emission
performance warranty claim may be denied if the engine manufacturer
demonstrates that the failure of the Smog Check inspection was directly caused
by abuse, neglect, improper installation, or improper maintenance as reflected
by a failure to maintain or use the SPMV or certified engine package in
accordance with the written instructions.
(2) Except as provided in subsection (d)(5),
a engine manufacturer may deny an emission performance warranty claim based on
noncompliance with the written instructions only if:
(A) An SPMV owner is not able to comply with
a request by an engine manufacturer for evidence pursuant to subsection (d)(4);
or
(B) Notwithstanding the evidence
presented pursuant to subsection (d)(4), the engine manufacturer is able to
prove that the SPMV failed a Smog Check inspection because the SPMV or
certified engine package was abused, the required maintenance and use was
performed in a manner resulting in a component being improperly installed or a
component or related parameter being adjusted substantially outside of the
engine manufacturer's specifications, or maintenance was performed on the
certified engine package which resulted in the removing or rendering
inoperative of any component affecting the certified engine package's
emissions.
(3) When
determining whether an SPMV manufacturer has complied with the written
instructions, a engine manufacturer may require an SPMV manufacturer to submit
evidence of compliance only with those written instructions for which the
engine manufacturer has an objective reason for believing:
(A) Were not performed; and
(B) If not performed, could be the cause of
the particular SPMV's failed Smog Check inspection.
(4) Evidence of compliance with a maintenance
instruction may consist of:
(A) A maintenance
log book which has been validated at the approximate time or mileage intervals
specified in the written instructions by someone who regularly engages in the
business of servicing light-duty vehicles or light-duty vehicle engines for the
relevant maintenance; or
(B) A
repair order, sales receipt, or similar evidence showing that the certified
engine package has been submitted for scheduled maintenance at the approximate
time or mileage intervals specified in the written instructions to someone who
regularly engages in the business of servicing light-duty vehicles or
light-duty vehicle engines for the purpose of performing the relevant
maintenance; or
(C) A statement by
the SPMV owner that the maintenance was performed at the approximate time or
mileage interval specified in the written instructions using proper replacement
parts.
(5) In no case may
an engine manufacturer deny an emission performance warranty claim on the basis
of:
(A) Warranty work or pre-delivery service
performed by any facility authorized by the engine manufacturer to perform such
work or service; or
(B) Work
performed in an emergency situation to rectify an unsafe condition, including
an unsafe drivability condition, attributable to the engine manufacturer,
provided the SPMV owner has taken steps to put the SPMV back in a conforming
condition in a timely manner; or
(C) Any cause attributable to the engine
manufacturer; or
(D) The use of any
fuel which is commonly available in the geographical area in which the SPMV is
located, unless the written instructions specify that the use of that fuel
would adversely affect the emission control devices and systems of the
certified engine package, and there is commonly available information for the
SPMV owner to identify the proper fuel to be used.
(6) The SPMV owner may perform maintenance or
have maintenance performed more frequently than required in the written
instructions.
(7) Except as
specified in subsection (d)(2)(B) above, failure of the SPMV owner to ensure
the performance of such scheduled maintenance or to keep maintenance records
shall not, per se, be grounds for disallowing a warranty
claim.
(e) Repair,
adjustment, or replacement of any part under the warranty provisions of this
article shall be performed at no charge to the SPMV owner at a warranty
station, except where a warranted part is not available to the SPMV owner
within a reasonable time (in no case more than 30 days) after the SPMV is
initially presented to the warranty station for repair. In case of such
unavailability, repairs may be performed at any available service
establishment, or by the SPMV owner, using any replacement part. The engine
manufacturer shall reimburse the SPMV owner for his or her expenses including
diagnostic charges for such repair or replacement, not to exceed the engine
manufacturer's suggested retail price for all warranted parts replaced and
labor charges based on the engine manufacturer's recommended time allowance for
the warranty repair and the geographically appropriate hourly labor rate. A
SPMV owner may reasonably be required to keep receipts and failed parts in
order to receive reimbursement due to such unavailability, provided the engine
manufacturer's written instructions advise the SPMV owner of this
obligation.
(f) The engine
manufacturer shall be liable for damages to other vehicle components
proximately caused by a failure under warranty of any warranted part.
(g) Any replacement part may be used in the
performance of any maintenance or repairs. Any replacement part designated by a
engine manufacturer may be used in warranty repairs provided without charge to
the SPMV owner. Such use shall not reduce the warranty obligations of the
engine manufacturer, except that the engine manufacturer shall not be liable
under this article for repair or replacement of any replacement part which is
not a warranted part (except as provided under subsection (d) above).
(h) Any add-on or modified part exempted by
the California Air Resources Board from the prohibitions of Vehicle Code
section
27156 may be
used on a SPMV or certified engine package. Such use, in and of itself, shall
not be grounds for disallowing a warranty claim made in accordance with this
article. The engine manufacturer shall not be liable under this article to
warrant failures of warranted parts caused by the use of such an add-on or
modified part.
(i)
Warranty
Claim Procedures.
(1) A warranty
claim may be submitted by bringing a SPMV to any repair facility authorized by
the engine manufacturer to service that certified engine package.
(2) The engine manufacturer shall establish
procedures as to the manner in which a claim under the emission performance
warranty is to be processed. The procedures shall provide for a final decision
and repair of a warrantable condition by the engine manufacturer within a
reasonable time, not to exceed 30 days from the time at which the certified
engine package is initially presented for repair, or unless a delay:
(A) is requested by the SPMV owner,
or
(B) is caused by an event not
attributable to the engine manufacturer or the warranty
station.
(3) Within the
time period specified in subsection (i)(2), the engine manufacturer shall
provide the SPMV owner, in writing, with an explanation as to why the claim is
being denied.
(4) Failure to notify
a SPMV owner that a warrantable condition does not exist within the required
time period of subsection (i)(2), for reasons other than those provided for in
subsections (i)(2)(A) and (B), shall result in the engine manufacturer being
responsible for repairing the certified engine package free of charge to the
SPMV owner.
(5) The engine
manufacturer shall incur all costs associated with a determination that an
emission performance warranty claim is valid.
(j) Warranty services or repairs shall be
provided at all a SPMV manufacturer's dealerships, warranty stations, or
service providers which are franchised or under contract to service the
certified engine package in the SPMV.
(k) The SPMV owner shall not be charged for
diagnostic labor which leads to the determination of a warrantable condition
provided that such diagnostic work is performed at a warranty
station.
(l) Throughout the
certified engine package's warranty period defined in subsection (b), the
engine manufacturer shall maintain a supply of warranted parts sufficient to
meet the expected demand for such parts. The lack of availability of such parts
or the incompleteness of the repairs within a reasonable time period, not to
exceed 30 days from the time the certified engine package is initially
presented to the warranty station for repair, shall constitute an
unavailability of parts for purposes of subsection (e).
(m) The Executive Officer may request, and,
in such case, the engine manufacturer shall provide, any documents which
describe the engine manufacturer's warranty procedures or policies.
(n) SPMV Owner Obligations.
(1) The owner of any SPMV, warranted pursuant
to this article, shall be responsible for the performance of all required
scheduled maintenance specified in the written instructions furnished to the
SPMV owner pursuant to subsection (c)(1). Such maintenance may be performed by
the SPMV owner, at a service establishment of the SPMV owner's choosing, or by
a person or persons of the SPMV owner's choosing.
(2) Except as specified in subsection (d),
failure of the SPMV owner to ensure the performance of such scheduled
maintenance or to keep maintenance records shall not, per se, be grounds for
disallowing a warranty claim.
(o)
Mediation; Finding of Warrantable
Condition.
(1) This section is
intended to provide a mechanism for mediating unresolved emissions warranty
disputes between owners of SPMV and engine manufacturers or their
agents.
(2) A SPMV owner may
request that the Executive Officer mediate a warranty claim.
(A) Upon receipt of such a claim the
Executive Officer, or the Executive Officer's representative, may make a
determination regarding whether the claim is meritorious on its face and, if
meritorious, shall notify the appropriate dealer, or engine manufacturer of the
claim. The party against whom a complaint is made shall be given a reasonable
time to respond. The Executive Officer may conduct an informal conference and
may request additional information and evidence.
(B) Upon examination of the facts submitted
by the parties concerned, the Executive Officer, or the Executive Officer's
representative, may find that a warranted part, or a certified engine package's
nonconformity with any California statutorily authorized motor vehicle
emissions inspection and maintenance program, is eligible for warranty coverage
pursuant to this article. If such a finding is made, the Executive Officer
shall issue a Finding of Warrantable Condition.
(C) The Finding of Warrantable Condition
shall include the name of the SPMV owner, engine manufacturer and model, engine
identification number, engine family, odometer reading, date of Smog Check
inspection, identification of the defective part or other warrantable condition
and the signature of the person issuing the
finding.
1. New
section filed 8-5-2019; operative 10-1-2019 (Register 2019, No.
32).
Note: Authority cited: Sections 39600, 39601, 43000,
43100, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference:
Sections 39002, 39003, 43000, 43100, 43101, 43102, 43104, 43105, 43106 and
43205, Health and Safety Code; and Section 580, Vehicle
Code.
